More handpicked essays just for you.
Pros and cons of alternative dispute resolution
Pros and cons of alternative dispute resolution
Pros and cons of alternative dispute resolution
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Arbitration is an alternative to litigation between two parties in dispute. This method of dispute resolution is used by opposing parties outside a court of law. In Arbitration, both parties agree to a neutral panel, called an arbitration, who hears their dispute and decide the outcome. Arbitration uses an adversarial system much like litigation and offers a binding decision from the partly of their choice. Organizations in a Collective Agreement benefit by using arbitration instead of litigation because of the greater degree of control it give the parties, the ability for the parties appoint their own arbiter(s) and is generally a cost-effective approach compared to litigation.
Parties in collective agreements benefit from using arbitration
…show more content…
Litigation between a union and its management are subject to civil law. However, getting a judgement may take upwards of two years. While there is a constitutional requirement to proceed criminal cases “within a reasonable time,” there is no such obligation for civil cases (Gallant 2). Using litigation can become costly and time consuming for both parties under the collective agreement. Arbitration may provide the opportunity to side-step prescribed procedural requirements of litigation. This method has become a useful tool for creating a binding judgement within a reasonable time and cost. The costs associated with Arbitration focus on compensating just the arbitrators and the location of wherever the parties decide to conduct the conflict resolution. The collective agreement can create a timeline for the arbitration decision to be made as well. This allows the parties to circumvent the delay experienced in litigation. These factors are important for solving grievances to reduce the amount lost productivity between the incident being grieved and the decision being made. Arbitration decisions are binding between the two parties and are enforceable by divisional courts without altering the arbitration’s decision (Government of Ontario 2016). Furthermore, arbitral awards can be binding under the Canadian Labour Code and its provincial counterparts. This binding nature of
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Issue – Did the employer violate the collective bargaining agreement by scheduling Saturday as a part of the basic workweek?
Macintyre, S. (1987), Holt and the Establishment of Arbitration: An Australian Perspective, New Zealand Journal of Industrial Relations, 12(3): 151-159.
This report is set to outline and highlight key developments in a very important piece of law “Federal Arbitration Act” which is also commonly known as FAA. In order to look at the FAA in detail which was developed in late 1925, first let’s see what the word Arbitration mean. In simple words, Arbitration is known be to a very informal, private and isolated process in which all participating parties agree to hand in their disputes and problems in writing to one or more independent parties who are sanctioned to resolve the problem or issue. If someone ask you a question to define the act of Arbitration or what does it mean, most of us will have one of the following opinion:
A due process protocol for mediation and arbitration of statutory employment disputes has a meeting before the Superintendent. The defendant receives legal notice (summons) or documents (process) of a court to enable the person to respond to court or tribunal. The teacher union, such as American Federation of Teacher Union (AFT) require representative receive notification as well attend the meeting. It is often with teacher union protection and tenure, underperforming teachers are hard to terminate. This protocol provides a prompt, inexpensive, and fair enforcement of the dispute (Nolan, 2008). The arbitration agreement should be timely because of conflicting interest with counsel to represent employee rights (Dhanoa & Kleiner, 2000). In addition, discuss fees for counsel especially for lower paid employee. The arbitrator is a neutral person with knowledge and skills to conduct the hearing. Employee should have access to documentation (teacher evaluation) present...
The Steelworkers Trilogy case and the Lincoln Mills case specify the landmark decision in which the Supreme Court ordered an employer to arbitrate grievances as provided for in the Collective Bargaining Agreement. The main point of the contract was an employer's agreement to arbitrate grievance disputes as a trade-off for the union's agreement not to strike. That means arbitration is a matter of contract and the grievance arbitration process limited judicial intervention. After the Steelworkers Trilogy, for over thirty years, the courts deferred the arbitration process 70-74 % of the time. There are five principles to govern the adjudication of grievances under collective bargaining.
The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant a...
If you are like the majority of managers operating within labor contracts then you can relate to the frustration that accompanies the labor grievance process. For the most part, grievance policies are set to be mediating faucets that allow for a clarification or even a compromise between employer and employees. Yet, what takes place absent a clear understanding of the true purpose of the grievance process may be a whirlwind that brings about much aggravation and frustration between both parties. What follows are three effective methods in ensuring that your company’s approach in dealing with grievances is not distorted or manipulated.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions for disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is a more of a official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11):
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
The entertainment field is very complex, most disputes between producers and unions are resolved by an arbitrator who will interpret the contract. If an arbitrator awards a remedy, a court may be called upon to enforce the award. Court enforcement is necessary in very few arbitration cases, especially in the international context (Bartlett). Disputes involving licensing contracts are often lengthy and complex and involve numerous parties. Most of the lawsuits involving union employees are resolved through arbitration, since union contracts have long resorted to this process to expedite the resolution of disputes (Bartlett).
Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are:
Colvin, A. S. (2013). Participation versus procedures in non-union dispute resolution. Industrial Relations, 52(S1), 259-283.
When it comes to contract negotiations, labor unions may differ from one and another throughout the different industries, but they usually share the same goals when it involves contract negotiations (Sloane & Witney, 2010). During these procedures, demands are usually made by from both parties, the employer and the union; this processes main goal is to negotiate a written agreement between each other covering a multitude of issues and concerns (Sloane & Witney, 2010). These talks are typically the most confrontational part of the relationship between labor unions and management, especially when it comes to wage issues (Mayhew, n.d.). This author will take a look the wages and wage-related issues, employee benefits, institutional issues, administrative clauses, and make recommendation that will would prevent wage-related grievances from happening.
Trade unions and management therefore use collective bargaining as a dispute-resolution measure to settle grievances, preserve employee rights, negotiate wages and conditions of employment including benefits, as well as ensuring job safety and safe working conditions (Kadian-Baumeyer, 2015).